Saturday, January 16, 2010

Space Snark comments on EFF Files Comments on Net Neutrality

As a copyright owner, I have a problem with this argument

"We know from bitter experience that dragnet copyright enforcement efforts often end up inflicting collateral damage on lawful activities," said EFF Senior Staff Attorney Fred von Lohmann. "Neutrality regulations should not excuse ISPs that discriminate against or block innocent content just because they claim it was done to protect copyrights or cater to law enforcement."

Source:


The problem is the definition of "lawful" and "innocent". Too many Internet users, especially "EBayers" don't know what "lawful" and "innocent" mean. They don't seem to grasp the first principle of what an ebook is, or what copyright notices in the fronts of books say or mean.

For those who have never noticed, here's a selection:

St. Martin's Press copyright notices.  
"No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in articles or reviews. For information address St. Martin's Press, 175 Fifth Avenue New York, NY 10010."


Harlequin:
"All rights reserved. Except for use in any review, the reproduction or utilization of this work in whole or in part in any form by any electronic, mechanical or other means, now known or hereafter invented, including xerography, photocopying or recording or in any information storage or retrieval system, is forbidden without the written permission of the publisher, Harlequin Enterprises limited..."



Dorchester Publishing:
"All rights reserved. No part of this book in whole may be reproduced or transmitted in any form or by any electronic or mechanical means, including photocopying, recording or by any information storage and retrieval system, without the written permission of the publisher, except where permitted by law."


Resplendence:

Warning: All rights reserved. The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringe-ment without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.


Here's Total-e-Bound's...
All rights reserved. No part of this publication may be reproduced in any material form, whether by printing, photocopying, scanning or otherwise without the written permission of the publisher, Total-E-Bound Publishing.

LooseId
All rights reserved. This copy is intended for the purchaser of this e-book ONLY. No part of this e-book may be reproduced, scanned, or distributed in any printed or electronic form without prior written permission from Loose Id LLC. Please do not participate in or encourage piracy of copyrighted materials in violation of the author's rights. Purchase only authorized editions.


LL Publications/Logical-Lust Publications
All rights reserved. No part of this publication may be copied, transmitted, or recorded by any means whatsoever, including printing, photocopying, file transfer, or any form of data storage, mechanical or electronic, without the express written consent of the publisher. In addition, no part of this publication may be lent, re-sold, hired, or otherwise circulated or distributed, in any form whatsoever, without the express written consent of the publisher.


Phaze
All rights reserved under the International and Pan-American Copyright Conventions. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.

Warning: the unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.


Mundania
All rights reserved under the International and Pan-American Copyright Conventions. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.

The scanning, uploading and distribution of this book via the Internet or via any other means without the permission of the publisher is illegal, and punishable by law. Please purchase only authorized electronic editions, and do not participate in or encourage the electronic piracy of copyrighted materials. Your support of the author’s rights is appreciated.

Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.



Under The Moon... 
Excluding legitimate review sites and review publications, the reproduction or utilization of this work in whole or in part in any form by any electronic, mechanical or other means, now known or hereafter invented, is forbidden without the written permission of the publisher.

Copying, scanning, uploading, selling and distribution of this book via the Internet or any other means without permission from the publisher is illegal, punishable by law and will be prosecuted.

--

What all these publishers are saying is "You do not have the right to make a copy of this book!" and also "You do not have the right to 'share' or sell COPIES that you have made of this book."

Too many people think that if they scan a paperback or hardback novel, or cut and paste an ebook,  and put it on a CD they have somehow created something new and original that is theirs to do with as they please.

Well no. It's still the same copyrighted story that took a hardworking author months or even years to imagine, research, write, hone, polish and promote.

Taking a bunch of favorite novels, copying them all, putting them all onto a CD and calling them "My Private EBook Collection" does not make them "yours". The authors still own the copyright. You cannot burn ten or more copies of this "Private Collection" and sell them on EBay or iOffer or Facebook or Blogger or Wordpress or any other virtual bookstore.

Nor are you free (legally) to upload them to pirate sites.

Bottom line. If you didn't write every word of it yourself, from your own imagination, then it is not yours.

An author has the right to make copies or to give written permission to someone else to make copies. An author has the right to perform her work. An author has the right to control the distribution of her work.

First Sale Doctrine confuses a lot of people. Basically, this is what it says. If you bought a hardback or a paperback (or a vinyl record, or a DVD etc) from a legitimate seller, you may sell it, or give it away. But, you cannot keep a copy. Once you give it away or sell it, you do not have it any more.

With an ebook, you cannot give it away or sell it because it is impossible to do that without creating a copy or six.

If some crook tells you they have "Re-Sell rights", do take a moment to think about that. Is it logical that 3,000 ebayers have all personally met with King, Knight, Kenyon, Grisham, Rowling, Roth, Harris et alia, and all have personally been given a signed contract from each of those authors?

If those authors are still living and making a living from their writing, is it logical that they would give every EBayer the right to resell their books and to pocket all the profits (apart from EBay's listing fees and PayPal's payment fees and the post office's postage fees if unlawfully copied CDs are being sent through the mail?)

No. It isn't.

Until every blank CD costs the same as it would cost to purchase a library of books (which isn't going to happen) authors aren't going to get paid for bootlegged and burned CDs.

So, do authors everywhere a favor. If you see an unbelievable bargain collection of authors' fiction for sale somewhere, Report it. Tell the author. Tell the publisher.

Thank you.

Thanks, too, to Pamela Fryer and Brenna Lyons for collecting some of these samples of publishers' copyright notices.

Rowena Cherry

PS for authors.
If you are on LinkedIn.com please join the White House group, and keep the discussion about e-book piracy alive.

http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&gid=2199632&discuss\
ionID=12370276&commentID=10500759&report.success=8ULbKyXO6NDvmoK7o030UNOYGZKrvdh\
BhypZ_w8EpQrrQI-BBjkmxwkEOwBjLE28YyDIxcyEO7_TA_giuRN#commentID_10500759



PPS for everyone
Kid Rock rocks! See his "Steal Everything" video.
http://www.youtube.com/watch?v=VpCADfZD-eg&feature=autofb

Other blogs on piracy:

http://www.RosesOfProse.blogspot.com

http://www.nicolepeeler.com/2010/01/on-piracy/

http://leslirichardson.blogspot.com/2010/01/publishing-pirate-prattle-and-pay.html

Rowena Cherry

11 comments:

Hywela Lyn said...

What a great post, Rowena. This should surely clarify the situation to anyone out there who is unsure of the position regarding Ebooks or who thinks that downloading an Ebook cheaply, or for free, or purchasing a collection of Ebooks on CD is either lawful, or at worst a'victimless' crime.

The 'victims' are actually the authors and publishers of these books, who are having their work stolen by these pirates, who don't seem to care about breaking the law.

Evangeline Anderson said...

This is excellent--all you need to know about e-book piracy in a nutshell. Wish we could copy and paste this to the comments of every E-bay pirate auction we see so prospective buyers would know they are breaking the law.

Carly Carson said...

It's a good try. IMO these thieves don't care who they are ripping off. Most of them put up those fig leaves to convince their buyers that the deal is legit. They need a "story" and whether the story meets any sort of common sense test is something they don't want to consider. They know the answer, so they don't go there. There are probably a few innocent souls who buy "resell" rights in good faith, and perhaps these folks can be educated. The rest, they don't care. We need new laws. Consider contacting your political representatives.

RowenaBCherry said...

Evangeline,
If you wish to copy this post in whole or a paragraph or two, go right ahead as long as you don't distort the meaning.

Which I know you won't, but I guess for legal reasons I have to say that.

Grin.

Rowena Cherry

RowenaBCherry said...

Carly,

Thank you for your comment. If you are on LinkedIn, you can join the White House group (run by White House staffers) and back me up in the extremely polite and low key discussion of ebook piracy there.

http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&gid=2199632&discuss\
ionID=12370276&commentID=10500759&report.success=8ULbKyXO6NDvmoK7o030UNOYGZKrvdh\
BhypZ_w8EpQrrQI-BBjkmxwkEOwBjLE28YyDIxcyEO7_TA_giuRN#commentID_10500759

Jennifer Cloud said...

Thank you for posting this. I'm so tired of these people claiming ignorance on the matter.

Susan Kelley said...

I don't think piracy has anything to do with ignorance. It's a conscious decision to steal the same as if you walk into Borders and stuff a print book into your purse and walk out with it. Or in some cases, it's like stuffing a back pack full of them and then selling them.
We will never stop stealing as long as people with moral and ethical deficiencies exist. That said, it doesn't mean we should fight back.

RowenaBCherry said...

Friends, here's an example on EBay of what I'm talking about.

Look at what this "ebayer" is selling as his "private collection". He's been an active "ebayer" since 2007. Imagine how much money in listing fees EBay and PayPal have made from turning a blind eye to this seller.

http://myworld.ebay.com/nltsdeals/

Someone must have reported this, don't you think?

Crystal Kauffman said...

It is time for ebay to take responsibility for their own site. They are blatantly turning a blind eye to piracy on a grand scale.

The thing about the "freedom of speech" argument that really pisses me off is how pirates claim their not being able to do what they want with my creativity is an impediment of their freedom of speech.

Lesli Richardson said...

Excellent post!!!

Lisa L. Leibow said...

This is a great post! I really appreciate the info on other places to go to make our voices heard.

-Lisa Lipkind Leibow
Author of Smart Women's Fiction
www.LLLeibow.com